Is Anyone Determined Ineligible for a Fiancé Visa?

Yes, someone can be determined ineligible for a fiancé visa. One of the things that a person has to show to be able to obtain the fiancé visa is that the person is not inadmissible. Inadmissible means that they haven’t done anything that may make them ineligible to apply for a green card. Some of these reasons may be criminal, fraud, or if they have tried to obtain immigration benefits unlawfully in the past. They will also have to show that it is a real marriage. One of the main things that the consulate will evaluate during the time of issuing a decision in the case is making sure it’s a real relationship and that they actually intend to get married once the fiancé enters the United States.

Can I Bring My Fiancé’s Children to the United States As Well?

Yes, the children of a fiancé can also be included in the petition. The fiancé will enter with a K-1 visa and the children will enter with a K-2 visa and will also be able to apply for adjustment of status when they enter the United States as long as they are under the age of 21.

What Can I do if My Petition for the K-1 Visa Was Denied?

If your petition for the K-1 visa is denied, you can petition to review the reason for denial to see if there is something that can be overcome. For example, maybe you didn’t send enough evidence of the relationship and maybe the petition can be filed again. If the person is inadmissible because of a crime or fraud or some other grounds of inadmissibility, there are also some waivers that can be filed to allow the person to obtain their fiancé visa.

Who Is Eligible to Apply and Remove Conditions on Permanent Residence Based on Marriage?

When a person enters the United States with a fiancé visa and they get married, the next step will be applying for adjustment of status. The initial green card will be conditional and then two years later they will have to apply to remove the conditions to their residence because that initial green card is conditional. What the couple has to do is make sure that they have enough evidence showing that it’s a real marriage by the end of the two years to be able to submit all that documentation with application to remove conditions on their residence.

What if I Am Late in Applying to Remove Conditions on the Residence?

If you are late in applying to remove conditions on the residence, it’s possible to sometimes apply to have an exception to that requirement if the person can show that a failure to apply to remove the conditions to the green card was for a good reason. Sometimes it’s because someone has been having health problems or they may just be having financial problems. As long as a person can show that there was a good reason behind the failure to apply on time, then we can apply for an exception to that rule.

What Generally Holds up the Approval Process for a Fiancé Visa?

The most important thing for this type of case is to do it right the first time. When people have been waiting for a long time for the case to get approved, it is because sometimes they didn’t do it right to begin with. Sometimes there are missing documents or sometimes they don’t have the right evidence. It’s very important to make sure that all the documentation is correct and that all the forms have been prepared correctly, which is really what’s going to make an impact on the amount of time that a case like this may take.

How Is an Attorney Able to Help Someone Obtain the Fiancé Visa and Avoid the Related Pitfalls?

An attorney is able to help someone obtain the fiancé visa and avoid the related pitfalls by analyzing the case from the beginning to make sure that they meet all the requirements. For example, one of the requirements is that the foreign national and the petitioner must have seen each other at least once in the last two years. If someone asks for this type of visa and they don’t meet that requirement, they are going to waste their money because the petition will not be approved. They are going to be wasting time because the government is going to send them a denial saying that they don’t meet all the requirements. One of the first things a lawyer can do is to make sure that a person meets all the requirements. If they don’t meet this one, then a quick trip to see their fiancé is going to take care of that.

Once we have made sure that all the requirements are met, we make sure that the application is prepared correctly with all the documents to avoid a request for evidence. A request for evidence is when the government sends a document indicating that they need additional documentation and it delays the process. Sometimes this process can take three to four months or even up to 12 months because they didn’t send all the information that was required. Also, with regards to the evidence that they want to take to the interview, if they have evidence that there is a real marriage, it is more likely that the case is going to be approved in a more timely fashion as opposed to going to the interview and not having all that documentation. Just doing it correctly at the beginning is very important to ensure that the case is successful.

Additional Information On K-1 Or Fiancé Visas in the United States

One of the most important things when you work on a case like this is to obtain fit legal representation to make sure that all the documentation is done properly and to ensure that all the requirements are met and any unnecessary delays are avoided

For more information on Immigration Benefits Along With TPS, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (954) 306-6921 today.

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